VIKASH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The writ petition, as initially framed, sought a writ of certiorari for quashing the order dtd. 21/8/2024 passed by the District Panchayat Raj Officer, District-Kushinagar, which is based on an inquiry report. Subsequently, by an amendment, an order passed by the District Magistrate/Collector, Kushinagar on 12/11/2024 has also been challenged. This order has been passed during the pendency of the instant writ petition.

(2.) The petition has been filed by two petitioners who claim to be elected members of Block Dudhahi, District-Kushinagar, having been elected in the election held in the year 2021. Respondent No. 4 was elected as Block Pramukh, Block Dudhahi. The strength of elected members of the Block Development Council is stated to be 139. Out of these, 101 members are stated to have moved a notice of no confidence in the prescribed pro-forma along with a notary affidavit on 12/8/2024. The notice of no confidence motion was moved before the Collector, as provided under Sec. 15(2) of the U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961 'Act, 1961'.

(3.) When no order was passed by the Collector, a petition, being Writ-C No. 29128 of 2024, was filed before this Court whereupon on 3/9/2024, learned Standing Counsel was directed to obtain instructions. When the matter was taken up on 4/9/2024, a statement was made by the learned Standing Counsel, on the basis of instructions received, that the notice for no confidence motion has been rejected by an order dtd. 21/8/2024. The said writ petition was, therefore, dismissed as infructuous.